Section 390.030

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 390

Effective - 28 Aug 2007, highlighted 1    

  40.330.  Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial. — 1.  The provisions of this chapter shall not apply to:

  (1)  School buses;

  (2)  Taxicabs;

  (3)  Motor vehicles while being used exclusively to transport:

  (a)  Stocker and feeder livestock from farm to farm, or from market to farm,

  (b)  Farm or dairy products including livestock from a farm or dairy,

  (c)  Agricultural limestone or fertilizer to farms,

  (d)  Property from farm to farm,

  (e)  Raw forest products from farm, or

  (f)  Cotton, cottonseed, and cottonseed hulls;

  (4)  Motor vehicles when operated under contract with the federal government for carrying the United States mail and when on a trip provided in the contract;

  (5)  Motor vehicles used solely in the distribution of newspapers from the publisher to subscribers or distributors;

  (6)  The transportation of passengers or property performed by a carrier pursuant to a contract between the carrier and the state of Missouri or any civil subdivision thereof, where the transportation services are paid directly to the carrier by the state of Missouri or civil subdivision;

  (7)  Freight-carrying motor vehicles duly registered and licensed in conformity with the provisions of chapter 301 for a gross weight of six thousand pounds or less;

  (8)  The transportation of passengers or property wholly within a municipality, or between contiguous municipalities, or within a commercial zone as defined in section 390.020, or within a commercial zone established by the division of motor carrier and railroad safety pursuant to the provisions of subdivision (4) of section 390.041; provided, the exemption in this subdivision shall not apply to motor carriers of persons operating to, from or between points located wholly or in part in counties now or hereafter having a population of more than three hundred thousand persons, where such points are not within the same municipality and to motor carriers of commodities in bulk to include liquids, in tank or hopper type vehicles, and in a commercial zone as defined herein or by the division;

  (9)  Street railroads and public utilities other than common carriers as defined in section 386.020;

  (10)  Motor vehicles whose operations in the state of Missouri are interstate in character and are limited exclusively to a municipality and its commercial zone;

  (11)  Motor vehicles, commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled or wrecked vehicles;

  (12)  Motor vehicles while being used solely by a group of employees to commute to and from their place or places of employment, except that the motor vehicle must be driven by a member of the group.

  2.  Nothing contained in this section shall be deemed to exempt the vehicles of driveaway operators.

  3.  Except for the provisions of subdivision (5) of section 390.041, the provisions of this chapter shall not apply to private carriers.

  4.  No agency of state government nor any county or municipality or their agencies shall discriminate against any motor carrier or private carrier or deny any such carrier operating a motor vehicle public access to any building, facility or area owned by or operated for the public unless such discrimination or denial is based solely on reasonable vehicle size or weight considerations.  The provisions of this subsection shall only apply in cities not within a county and first class counties with a charter form of government which adjoin any city not within a county.

  5.  Beginning January 1, 2008, the exemptions in subdivisions (8) and (10) of subsection 1 of this section shall not apply to intrastate motor carriers that transport household goods.

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(RSMo 1939 § 5721, A.L. 1945 p. 1206, A.L. 1947 V. I p. 390, A.L. 1951 p. 547, A.L. 1959 H.B. 24, A.L. 1969 p. 530, A.L. 1971 S.B. 253, A.L. 1978 H.B. 1325, S.B. 691, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2007 H.B. 28 merged with S.B. 30)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

(1957) Where farmer cooperative collected fluid milk from farmers and shipped most of it to federal marketing area in intrastate commerce and processed excess into cheese, etc., the transportation thereof to the federal marketing area was not exempt from public service commission regulation.  State ex rel. Smithco Transport Co. v. Public Serv. Comm. (A.), 307 S.W.2d 361. Reversed:  (Mo.), 316 S.W.2d 6, the supreme court holding that § 274.300, RSMo, placed farmers cooperatives in same position as individual farmers.

(1967) This section is applicable to the vehicle rather than the load. State v. Public Service Commission (Mo.), 411 S.W.2d 190.

(1975) This section held not a "special law".  State ex rel.  Toedebusch v. Public Service Commission (Mo.), 520 S.W.2d 38.

(1975) This section as amended by senate bill 253 of the 77th general assembly held not to violate art. III §§ 21 and 23 of the constitution of Missouri because of a defective title to the bill.  State ex rel.  Toedebusch v. Public Service Commission (Mo.), 520 S.W.2d 38.

(1977) Held, that people transported must be formally enrolled and the movement must be expressly approved by the school board or other governing body of the school authorizing the movement.  State ex rel.  Hering v. State Public Service Commission (A.), 549 S.W.2d 658.